Currently working with company A and my H1B is suppose to expire on 9/1/18. But my company has filed for an extension. Petition was received by USCIS on 7/31/18 (Regular processing) Now got an offer from company B, which I accepted and they are in process to apply for H1B transfer. Will there be any issues? Should I ask company B to wait till extension is confirmed? Should I ask company A to upgrade to premium processing? What are my options to quickly join company B? Thank you.
Refer to an attorney for most accurate answer. But here are my two cents: If you are serious about company B ask them to file H1b in premium processing before Sept 1st. If company B is not able to file before Sept 1st you cannot move to that company and work until your h1b transfer is approved. This is my understanding. Please don't consider this legal advice. Your attorney knows the best. It was announced today that USCIS is suspending premium processing for h1b transfers after Sept 10th till Feb 19th 2019. https://www.uscis.gov/news/uscis-extends-and-expands-suspension-premium-processing-h-1b-petitions-reduce-delays
I second that. Company B must file before the expiration date or wait until the extension is approved.
If company B has not started the process already, they don’t have enough time to file though. (LCA alone takes 1 week)
I think with transfer it gets extended too. Please confirm with attorney since laws are complex and ever changing
My understanding is that it will only get extended if your H1b transfer is filed before expiry date of your current valid h1b
It won’t get ‘extended’, since a transfer is basically a new, independent H1B with its own validity period.
I will clarify everything with the lawyer. Thank you all!
I think you should also ask your current employer to upgrade it to premium so that you get approval quickly.
Attorney is your best bet here. Blind != Attorney Career is at stake